BILL NUMBER:A3378

TITLE OF BILL:

An act to amend the social services law, in relation to offering appli-
cants and recipients of public assistance information regarding sexual
assault

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to ensure that individuals who have experi-
enced sexual abuse or assault receive information about locally avail-
able services for sexual assault victims and to protect such victims
from further harm.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill sets forth the legislative findings.

Section 2 of this bill would require social services districts to inform
all applicants for and recipients of public assistance of their option
to receive an information packet containing referral and contact infor-
mation for all local programs that provide services to victims of sexual
assault. The packet would contain a listing of all local sexual assault
examiner programs, including a list of any local hospitals offering
sexual assault forensic examiner services, rape crisis centers, and
              

other advocacy, counseling and hotline services appropriate for victims
of sexual assault.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would amend Section 131 of the Social Services Law by adding a
new subdivision 20.

JUSTIFICATION:

As stated in the legislative findings of this bill, some studies have
estimated that as many as 40% of all individuals receiving public
assistance were sexually abused as children. Jason DeParle, author of
the highly acclaimed book American Dream that traces the lives of three
women on welfare, wrote an article for the New York Times on November
28, 1999 entitled, "Early Sex Abuse Hinders Many Women on Welfare". The
article states that growing evidence suggests a disproportionately large
number of women on welfare experienced sexual abuse as children. These
women are more likely to suffer from substance abuse problems, mental
illness or other emotional problems as a result of the long-term trauma
associated with early sexual abuse. The article also mentions that case-
workers are not typically trained to recognize sexual abuse victims or
to offer assistance to those who indicate that they have experienced
sexual abuse. In addition, according to the New York City Alliance
Against Sexual Assault, the connections between sexual assault and
poverty are so strong, they are impossible to ignore, and therefore, the

movement to protect sexual assault victims should work hand in hand with
the movement to help individuals rise up from poverty.

Given this startling evidence and the difficulty that victims of sexual
assault face in overcoming barriers to self-sufficiency, this bill is
necessary to ensure that individuals applying for or receiving public
assistance receive information about services available for sexual
assault victims in their local area. The bill would not allow social
services caseworkers to invade the privacy of their clients, but would
simply mandate that all applicants and recipients are offered the oppor-
tunity to receive an information packet appropriate for victims of sexu-
al assault.

PRIOR LEGISLATIVE HISTORY:

A.584 of 2008 - Referred to Social Services, Children and Families
A.11392 of 2006 - passed Assembly 6/13/06

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

EFFECTIVE DATE:

180 days after enactment.